[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 74 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                 H. R. 74

To amend the Federal Water Pollution Control Act to impose limitations 
on wetlands mitigation activities carried out through the condemnation 
                          of private property.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

Mrs. Jo Ann Davis of Virginia introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to impose limitations 
on wetlands mitigation activities carried out through the condemnation 
                          of private property.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural America Protection Act of 
2005''.

SEC. 2. LIMITATIONS ON WETLANDS MITIGATION THROUGH CONDEMNATION.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended by adding at the end the following:
    ``(u) Limitations on Wetlands Mitigation Through Condemnation.--
            ``(1) In general.--The Secretary or the State (in the case 
        of a State administering a permit program approved under this 
        section) may not issue a permit under this section to a 
        Federal, State, or local entity where compliance with this 
        section is based on a permit condition requiring mitigation of 
        adverse impacts to wetlands through the acquisition of private 
        property for the creation, restoration, or protection of 
        wetlands if--
                    ``(A) the property is being acquired by 
                condemnation; and
                    ``(B) the property is located outside the United 
                States Geological Survey 8-digit code cataloging unit 
                (as defined by the Hydrologic Unit Map of the United 
                States (U.S.G.S. 1980)) in which the wetland to be 
                impacted by the permitted activity is located.
            ``(2) Compensation of private property owners.--
        Notwithstanding paragraph (1), the Secretary or the State may 
        issue a permit under this section in the circumstance described 
        in paragraph (1) if the Federal, State, or local entity 
        acquiring the property by condemnation provides to the owner of 
        the property compensation in an amount that equals or exceeds 
        the greater of--
                    ``(A) the fair market value of the property; or
                    ``(B) the average fair market value of a parcel of 
                property of the size of the property being acquired in 
                the United States Geological Survey cataloging unit in 
                which the wetland to be impacted by the permitted 
                activity is located.''.
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